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The Determinants Of Legal Doubt, Frederick Schauer

Michigan Law Review

A Review of The Case Law System in America by Karl N. Llewellyn

From Homer To Hegel: Ideas Of Law And Culture In The West, John Witte Jr.

Michigan Law Review

A Review of The Human Measure: Social Thought in the Western Legal Tradition by Donald R. Kelley

Approaching Aliens: A Plea For Jurisprudential Recovery As A Theoretical Introduction To (Ex)Socialist Legal Systems, Ivan L. Padjen

Dalhousie Law Journal

It might be wise to stop here. Even a reader who is sympathetic to jurisprudential imagination must regard the communicable part of my title with considerable misgiving. For he or she can hardly be unaware of the double jeopardy in which the general theorist of law places himself when dealing with socialist legal systems. The first has been aptly described by Alasdair MacIntyre in his parable of a man who aspired to be the author of the general theory of holes.' The moral of the story, that the concept of a hole is a poor foundation for a general theory …

Vol. 41, No. 12, April 15, 1991, University Of Michigan Law School

Res Gestae

•Kamisar Critiques Forced Confession Decision •Rifkrin-Fealko Team Wins Moot Court •MSA Gives Law School Record Funding •RG On That Vision Thing •Letters to the Editor •Faculty Hiring or Fraternity Rush? •An Open Letter to President Duderstat •Letters to the Editor •Schrader and Ross: A Riposte •A Sister's Final Response to ''Violence is Not the Answer" •The Rebuttal Column •A Time For Leadership at Home •The Docket •Do You Like Pina Coladas? •Thinking of Pass/Fail, are we? •Dreams of The Saint •Law in the Raw

Abortion, Social Values And The Limits Of Legal Analysis: Towards A Substantive Rhetoric Of Law, Timothy W. Reinig

In the Public Interest

No abstract provided.

The Seventh Circuit And Departures From The Sentencing Guidelines: Sentencing By Numbers, Terence F. Maccarthy, Nancy B. Murnighan

Chicago-Kent Law Review

No abstract provided.

The Ohio Supreme Court's Interpretation Of The Pollution Exclusion Clause—A Step Not Yet Taken, Roger W. Fry, Jonathan P. Saxton

University of Dayton Law Review

No abstract provided.

The Sacred Flag And The First Amendment, Sheldon H. Nahmod

Indiana Law Journal

No abstract provided.

Re-Imagining Childhood And Reconstructing The Legal Order: The Case For Abolishing The Juvenile Court, Janet E. Ainsworth

North Carolina Law Review

No abstract provided.

Section 20(D) Of The Securities Exchange Act: Congress, The Supreme Court, The Sec, And The Process Of Defining Insider Trading, Steve Thel

North Carolina Law Review

No abstract provided.

Recruitment And Retention Of The African American Law Student, Cheryl E. Amana

North Carolina Central Law Review

No abstract provided.

Legal Theory And The Toothache, James Allan

Connecticut Journal of International Law

For there was never yet philosopher That could endure the toothache patiently, However they have writ the style of Gods'

Shakespeare's passage suggests the hopelessness of fighting common-sense empiricism. Whatever doubts abstract speculation might temporarily throw on necessity and causation or the continued, distinct existence of physical objects in the real world or on an externally existing moral relation of fitness amongst objects and actions, the ghost of Samuel Johnson is never far away. A quick kick of a rock and thus does he refute2 all skepticism and doubts. A natural human disposition3 exists in all of us, at least …

Textualism, Constitutionalism, And Federal Statutes, Jerry L. Mashaw

William & Mary Law Review

No abstract provided.

Legal Interpretation In China, Kong Xiaohong

Connecticut Journal of International Law

For the last one hundred years, China has undergone vast social changes during which Chinese society has received and absorbed many ideas from abroad. Some scholars believe that even the laws currently in effect in China contain elements from the structures and ideas of the Romano-Germanic Legal Family. This Western influence has to a large extent provided a foundation upon which the socialist legal system developed.

However, such an analysis would be too simplistic. Notwithstanding the Western influence, China had its own ideas of how to administer society by means of law. The Chinese had created a legal system, different …

Legal Theory In The Law School Curriculum - Myth, Reality, And The Singapore Context, Andrew B.L. Phang

Connecticut Journal of International Law

Legal theory, often associated although not always coincident with the subject entitled jurisprudence,1 is a topic that is generally abhorred by the average student in the Anglo-American common law world, its pursuit lying, in the main, within the province of law school professors. I do not intend to controvert this rather alarming proposition, at least insofar as the Singapore context is concerned. Accepting the reality of it, however, does not entail consigning legal theory to the rarefied atmosphere of myth and conjecture; nor does it condemn us to attempting nothing to change it. Indeed, in this essay, I argue why …

What Is Legal Theory And What Is It Doing In The Curriculum? A View From Contracts, Robert Birmingham

Connecticut Journal of International Law

'Everyone maximizes utility.' This claim needs interpretation, because it looks filled with content, but really is innocuous, a tautology, nothing to get upset about. It means merely that one's behavior invariably maximizes some function. As Samuelson's imperative, "[C]herchez la maximization, ' 2 suggests, often it is an interesting task and something of an art to recover the function from the behavior. I offer three examples of maximizing, eliminating purpose by degrees.

Not So Cold An Eye: Richard Posner's Pragmatism, Jason S. Johnston

Vanderbilt Law Review

Over the past twenty odd years, Judge Richard Posner has established himself as one of the most creative and influential thinkers in the history of American law. His work divides into two parts: the prejudicial corpus, which is devoted almost entirely to the comprehensive economic analysis of law,' and the postjudicial corpus, which treats issues involving what may be called the theory of judging and courts--that is, the normative theory of how judges should decide cases and how courts should be organized. This division is rough and wavering, for Posner's work prior to his appointment to the federal bench often …

...Meech Lake To The Contrary Notwithstanding (Part I), Roderick A. Macdonald

Osgoode Hall Law Journal

In this essay, which will be published in two parts, the author argues that the Meech Lake Accord was more than a hastily cobbled together political deal between the Prime Minister and ten provincial premiers. Despite the unattractive process by which the Meech Lake Accord was struck, and especially defended, despite the disingenuous character of the arguments most often advanced for its adoption, and despite its close connection with other aspects of the federal government's political agenda which many Canadians found suspicious, the Meech Lake Accord did respond to an important issue in post-patriation constitutionalism. A review of Canadian constitutional …

And God Created Woman. . . . But To Be A Criminal Defense Attorney?, Ellen S. Podgor, Leonard D. Pertnoy

Mercer Law Review

The focus of this Article is to discuss how different stereotypes affect the court presentation by a male and female defense attorney. The authors believe actual differences predicated upon a feminist methodology or approach are gender neutral. An awareness by an individual of what has been termed "feminist" controls actual methodology. For a more comprehensive discussion of feminist legal method or methodology, see generally Bartlett, Feminist Legal Methods, 103 Harv. L. Rev. 829 (1990); C. MacKinnon, Feminism Unmodified: Discourses on Life and Law (1987).

Vol. 14 No. 2 (1991): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …

Closing Argument: Tapping The Human Experience, Drew Findling

Mercer Law Review

To every criminal defense attorney there comes the inevitable daydream. That time when you imagine yourself in front of the jury passionately proclaiming your client's innocence. It is a fantasy dominated by your emotion and shared with an imaginary jury. You can sense the jury move with every word you utter. You expect the jury to applaud you at any moment. Finally, at the end of this reverie, you receive the ultimate ovation, a verdict of not guilty. It is your responsibility to convert that daydream into reality. Your closing argument should be that segment of the trial in which …

Contributors: Vol 14 No. 2, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Contributors list of Vol. 14 (1991): Pacific Studies Full Issue 2

Books Received And Book Notices, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Book Listing for the Vol 6, No 1 Fall Edition of the Pacific Studies Journal

Harnessing The Power Of The Bet: Wagering With The Government As A Mechanism For Social And Individual Change, Bruce J. Winick

University of Miami Law Review

No abstract provided.